Smt Tammana @ Heera vs State Of Rajasthan
2022 Latest Caselaw 9059 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc II Suspension Of Sentence Application (Appeal) No. 87/2022

Smt Tammana @ Heera D/o Sh. Bhana Ram Prajapat, W/o Lt. Ramesh Prajapat, Aged About 26 Years, By Caste Prajapat, Resident Of Kushalpura, Presently Resident Of Nearby Gaytri Mandir, Jaitaran, Police Station Jaitaran, District Pali. (Lodged In Central Jail, Jodhpur)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Sanjay Bishnoi For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

12/07/2022

This is the second application for suspension of sentences

filed on behalf of the appellant who has been convicted and

sentenced as below vide judgment dated 26.11.2018 passed by

learned Addl. Sessions Judge, Jaitaran, Pali in Sessions Case

No.27/2015 (CIS No.26/15):

Offence   Under Imprisonment                   Fine                Sentence      in
Section                                                            default of fine
302 IPC             Life Imprisonment Rs.25,000/-                  1 Year's RI
201 IPC             3 Years' SI                Rs.10,000/-         4 Months' SI
202 IPC             6 Months' SI               Rs.1,000/-          1 Month's SI

(All the sentences were ordered to run concurrently)

(2 of 2) [SOSA-87/2022]

The earlier SOS application (No.402/2020) was dismissed as

not pressed after arguments had been advanced by counsel for

the appellant.

We have heard and considered the submissions advanced by

Shri Sanjay Bishnoi, learned counsel representing the appellant-

applicant and the learned Public Prosecutor and have gone

through the material available on record.

The allegation against the appellant is of murdering her own

husband Shri Ramesh. The prosecution case is based on

circumstantial evidence in the form of extrajudicial confession and

recovery of dead body of Ramesh in furtherance of the information

provided by the accused to the IO under Section 27 of the

Evidence Act,.

In view the nature and gravity of allegations attributed by

the prosecution to the appellant-applicant, we are not inclined to

accept the instant application for SOS. Hence, the same is

dismissed as being devoid of merit. The appeal shall be listed for

hearing in the appropriate order of priority.

(KULDEEP MATHUR),J (SANDEEP MEHTA),J 45-Sudhir Asopa/-

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